_______________________________________________
SENATE
BILL 6526
_______________________________________________
Passed
Legislature - 2002 Regular Session
State of Washington 57th
Legislature 2002 Regular Session
By
Read
first time 01/21/2002. Referred to Committee on Labor, Commerce &
Financial Institutions.
Renewing contracts of insurance that are subject to RCW
48.18.290.
AN
ACT Relating to renewing contracts of insurance that are subject to RCW
48.18.290; and amending RCW 48.18.2901.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
48.18.2901 and 1993 c 186 s 1 are each amended to read as follows:
(1)
Each insurer shall be required to renew any contract of insurance subject to
RCW 48.18.290 unless one of the following situations exists:
(a)
The insurer gives the named insured at least forty-five days' notice in writing
as provided for in RCW 48.18.290, that it proposes to refuse to renew the
insurance contract upon its expiration date; and sets forth ((therein)) in
that writing the actual reason for refusing to renew; ((or))
(b)
At least twenty days prior to its expiration date, the insurer has
communicated, either directly or through its agent, its willingness to renew in
writing to the named insured and has included ((therein)) in that
writing a statement of the amount of the premium or portion thereof
required to be paid by the insured to renew the policy, and the insured fails
to discharge when due his or her obligation in connection with the payment of
such premium or portion thereof; ((or))
(c)
The insured has procured equivalent coverage prior to the expiration of the
policy period; ((or))
(d)
The contract is evidenced by a written binder containing a clearly stated
expiration date which has expired according to its terms; or
(e)
The contract clearly states that it is not renewable, and is for a specific
line, subclassification, or type of coverage that is not offered on a renewable
basis. This subsection (1)(e) does not restrict the authority of the insurance
commissioner under this code.
(2)
Any insurer failing to include in the notice required by subsection (1)(b) of
this section the amount of any increased premium resulting from a change of
rates and an explanation of any change in the contract provisions shall renew
the policy if so required by that subsection according to the rates and
contract provisions applicable to the expiring policy((: PROVIDED, That)).
However, renewal based on the rates and contract provisions applicable to
the expiring policy shall not prevent the insurer from making changes in the
rates and/or contract provisions of the policy once during the term of its
renewal after at least twenty days' advance notice of such change has been
given to the named insured.
(3)
Renewal of a policy shall not constitute a waiver or estoppel with respect to
grounds for cancellation which existed before the effective date of such
renewal, or with respect to cancellation of fire policies under chapter 48.53
RCW.
(4)
"Renewal" or "to renew" means the issuance and delivery by
an insurer of a contract of insurance replacing at the end of the contract
period a contract of insurance previously issued and delivered by the same
insurer, or the issuance and delivery of a certificate or notice extending the
term of a contract beyond its policy period or term((: PROVIDED, HOWEVER,
That)). However, (a) any contract of insurance with a policy period
or term of six months or less whether or not made continuous for successive
terms upon the payment of additional premiums shall for the purpose of RCW
48.18.290 and 48.18.293 through 48.18.295 be considered as if written for a
policy period or term of six months((: PROVIDED, FURTHER, That));
and (b) any policy written for a term longer than one year or any policy
with no fixed expiration date, shall, for the purpose of RCW 48.18.290 and
48.18.293 through 48.18.295, be considered as if written for successive policy
periods or terms of one year.
(5)
A midterm blanket reduction in rate, approved by the commissioner, for medical
malpractice insurance shall not be considered a renewal for purposes of this
section.
Passed the Senate February 13, 2002.
Passed the House March 6, 2002.
Approved by the Governor
April 3, 2002.
Filed
in Office of Secretary of State April 3, 2002.
